Nonmilitary Affidavit Defective

April 1, 2003

LVT Number: 16435

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord based on tenant's failure to appear in court. Landlord then asked the court for a judgment of possession and eviction warrant. The court ruled against landlord. Landlord's managing agent had signed an affidavit stating that tenant wasn't in the military. But the managing agent didn't have personal knowledge as to whether this was true.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord based on tenant's failure to appear in court. Landlord then asked the court for a judgment of possession and eviction warrant. The court ruled against landlord. Landlord's managing agent had signed an affidavit stating that tenant wasn't in the military. But the managing agent didn't have personal knowledge as to whether this was true. Since many national guards and reservists were currently being called into service, landlord must confirm with the military whether tenant was in service to have a valid nonmilitary affidavit.

Pomonok Houses/NYCHA v. Bryant: NYLJ, 3/13/03, p. 24, col. 4 (Civ. Ct. Queens; Siegal, J)

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